Actions in progress

Publicize industry’s ability to apply for excess hours of work for up to 3 years, while communicating the rationale behind annual applications for 60+ hours a week

Status: Action in progress

What we heard

The annual filing requirement for excess hours of work (48-60 hours) is seen as a burdensome process.

Our plan

The Ministry of Labour’s (MOL) new Hours of Work webpage was revised in 2017-2018 to provide clear information and guidance. Work to streamline the ministry’s application and review process will continue through 2018-2019.

Since 2012, employers can apply on the (MOL) website for approval of excess hours of work and averaging hours for overtime pay.

MOL conducts regular inspection blitzes to check that employers are complying with the Hours of Work provisions and to help educate employers and employees.

Explore how standards can be implemented across Ontario

Status: Action in progress

What we heard

Ontario does not adopt internationally recognized management standards wholesale. This affects standardization across workplaces.

Our plan

Many regulations made under OHSA require compliance with standards published by the Canadian Standards Association (CSA) Group. These standards define requirements for reducing the risk of workplace injuries. Ontario, together with the other provinces and territories of Canada, has worked with the CSA Group to make it easier for employers and workers to comply with occupational health and safety requirements by making the CSA standards cited in Ontario’s occupational health and safety regulations available online for many sectors, including industry, health care, mining, manufacturing, agriculture and construction.

In addition, to assist employers with pre-start health and safety review (PSR) requirements found under section 7 of regulation 851: Industrial Establishments made under the OHSA, the Ministry of Labour has published guidelines on its website. The guidelines include a number of standards, including codes and legislation, to assist professional engineers and others responsible for conducting pre-start health and safety reviews. These standards can be found in Appendix I: Recognized Standards of the PSR guidelines on the ministry’s website.

The OHSA and its regulations are regularly reviewed for consistency. The Ministry of Labour will assess whether a standardized approach would be appropriate in any future related amendments to regulations made under the OHSA and will consult the public on any proposed changes. This assessment would include balancing the impacts of adopting recognized standards on companies of different sizes.

The Ministry of Labour continues to engage with and collaborate with federal/provincial/territorial partners when evaluating opportunities for standardization or recognition of standards, participates on a number of committees and contributes as appropriate to consultations when standards are being developed or reviewed.

Consider reviewing the enforcement techniques of the Employment Standards Act

Status: Action in progress

What we heard

The Employment Standards Act is not properly enforced.

Our plan

The Ministry of Labour is hiring up to 175 new employment standards officers by the end of 2019/2020 to better enforce the Employment Standards Act, 2000. The Ministry of Labour is committed to investigating, resolving and closing all employment standards claims within 90 days by 2020/2021.

The ministry is committed to inspecting one in 10 Ontario employers every year. On January 1, 2018, higher fines went into effect for Notices of Contravention issued to non-compliant employers. The new fines range up to $1,500.

In 2018/2019, the Ministry of Labour will issue grants to community partners. The grants will sponsor various outreach and educational opportunities. This initiative will ensure employees and employers receive the broadest possible distribution of employment standards information across Ontario.

Consider reviewing other potential protections to be included in the Pay Equity Act

Status: Action in progress

What we heard

Pay equity regulations are seen as being too focused on gender, and not focused on the large range of other potential issues, which, when coupled with poor enforcement, leads to large pay equity gaps.

Our plan

Pay equity is an issue that was considered by the Ministry of Labour within the development of a government strategy to close the gender wage gap. This is part of a broader women’s economic empowerment strategy, which was launched on March 6, 2018.

In 2017, a gender wage gap working group provided additional input to the Ministry of Labour on how to enhance pay equity. The working group was composed of key stakeholders from labour, business, women’s advocacy and the human resources sector.

Consider reviewing the continued importance of minimum wage exemptions

Status: Action in progress

What we heard

Minimum wage exemptions are seen as being unfair to industries.

Our plan

The Ministry of Labour is reviewing all Employment Standards Act, 2000 exemptions for pharmacists, architects, managers and supervisors, IT professionals, residential building superintendents/ janitors/caretakers, and domestic workers/homemakers/residential care workers.

The consultation period for the other occupations ended on January 1, 2018. The consultation period for pharmacists and architects ended on January 31, 2018.

Consider the development of a public education campaign about the benefits of WSIB coverage for contractors

Status: Action in progress

What we heard

A lack of clarity exists as to when a contractor requires WSIB coverage, to better protect the homeowner/customer.

Our plan

The WSIB has operational policies on its website to administer mandatory coverage in construction. The information explains when a contractor requires WSIB coverage when work is being contracted by the owners or occupants of private residences.

Actions tracking

Review the role the Workplace Safety and Insurance Board (WSIB) plays in providing health and safety services to ensure alignment with government priorities

Status: Action tracking

What we heard

There is no longer a need for the WSIB to fund the various safety associations providing health and safety services in the province as these associations provide limited value for money and negatively impact the private sector marketplace for health and safety services.

Our plan

Health and safety associations (HSAs) work with the Ministry of Labour to create and promote a culture in which occupational health and safety is recognized and valued. The Ministry of Labour evaluates suitable funding models for HSAs on an ongoing basis to find efficiencies, prevent duplication and ensure occupational health and safety services needs are met.

Harmonize working at heights training and regulatory requirements across provinces, and with international standards

Status: Actions tracking

What we heard

Working at heights requirements/training is not harmonized with the requirements of other provinces, forcing those working across provinces to undergo additional training or re-testing, even for short-term work assignments.

Our plan

The Ministry of Labour will continue to work with provinces and territories to align health and safety requirements, including training requirements, where practicable.

The Ministry of Labour has information and resources regarding fall hazards and working at heights training available on its website.

No action recommended

Consider alternative enforcement methods to better assign member dues

Status: No action recommended

What we heard

The Ontario College of Trades wastes time and money inspecting and issuing fines to uncertified automotive service technicians for working without a Certificate of Qualification. Costs could be saved by restricting the purchase of parts to certified persons and these costs can be passed along to certified technicians through lower fees.

Our plan

The Ontario College of Trades is responsible for regulating skilled trades under the Ontario College of Trades and Apprenticeship Act, 2009. To practise a compulsory trade in Ontario, such as Automotive Service Technician, an individual must hold a valid Certificate of Qualification in that trade and be a member of the College in good standing. The College is responsible for compliance and enforcement of the compulsory certification requirements.

Please contact the College at (647) 847-3000 or 655 Bay St., Suite 600 Toronto, ON M5G 2K4, for further information.

Working with the Technical Standards and Safety Authority (TSSA), consider expanding the Owner/User Program to allow businesses to train their own inspectors to review new installations

Status: No action recommended

What we heard

The TSSA should expand the Owner/User Program currently allowing companies to train staff for maintenance inspections to include training and certification of their own inspectors for reviewing new installations as a way to support businesses and reduce the need for TSSA inspections.

Our plan

The TSSA offers a program that enables owners and operators of boilers and pressure vessels (BPV) to perform specified minor repairs to BPV devices without the presence and acceptance of a TSSA inspector. The company must register with the TSSA and receive an authorization in order to perform specified minor repairs. The TSSA may audit the authorized companies at any time during the period for which an authorization is in force.

The owner/operator self-inspection repair program will not extend to installation inspections because installations are complex and there is a certain technical expertise required to ensure that they are safely completed.

Currently 21 companies, mostly large manufacturers, have signed up for the program. TSSA will continue to raise awareness of the program with updates to its website in spring 2018 to encourage uptake by the BPV sector.